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|
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A BILL TO BE ENTITLED
|
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AN ACT
|
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relating to the age of criminal responsibility and to certain |
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substantive and procedural matters related to that age. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. AGE OF CRIMINAL RESPONSIBILITY |
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SECTION 1.01. Section 51.02(2), Family Code, is amended to |
|
read as follows: |
|
(2) "Child" means a person who is: |
|
(A) 10 [ten] years of age or older and under 18 |
|
[17] years of age; or |
|
(B) 18 [seventeen] years of age or older and |
|
under 20 [18] years of age who is: |
|
(i) alleged or found to have engaged in |
|
delinquent conduct or conduct indicating a need for supervision as |
|
a result of acts committed before becoming 18 [17] years of age; and |
|
(ii) under the jurisdiction of a juvenile |
|
court. |
|
SECTION 1.02. Section 8.07(b), Penal Code, is amended to |
|
read as follows: |
|
(b) Unless the juvenile court waives jurisdiction under |
|
Section 54.02, Family Code, and certifies the individual for |
|
criminal prosecution or the juvenile court has previously waived |
|
jurisdiction under that section and certified the individual for |
|
criminal prosecution, a person may not be prosecuted for or |
|
convicted of any offense committed before reaching 18 [17] years of |
|
age except an offense described by Subsections (a)(1)-(5). |
|
SECTION 1.03. The changes in law made by this article apply |
|
only to an offense committed or conduct that occurs on or after |
|
September 1, 2019. An offense committed or conduct that occurs |
|
before September 1, 2019, is governed by the law in effect on the |
|
date the offense was committed or the conduct occurred, and the |
|
former law is continued in effect for that purpose. For purposes of |
|
this section, an offense was committed or conduct occurred before |
|
September 1, 2019, if any element of the offense or conduct occurred |
|
before that date. |
|
ARTICLE 2. OFFENSES WITH AGE AS AN ELEMENT |
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SECTION 2.01. Section 15.031(e), Penal Code, is amended to |
|
read as follows: |
|
(e) An offense under this section is one category lower than |
|
the solicited offense, except that an offense under this section is |
|
the same category as the solicited offense if it is shown on the |
|
trial of the offense that the actor: |
|
(1) was at the time of the offense 18 [17] years of age |
|
or older and a member of a criminal street gang, as defined by |
|
Section 71.01; and |
|
(2) committed the offense with the intent to: |
|
(A) further the criminal activities of the |
|
criminal street gang; or |
|
(B) avoid detection as a member of a criminal |
|
street gang. |
|
SECTION 2.02. Section 21.02(b), Penal Code, is amended to |
|
read as follows: |
|
(b) A person commits an offense if: |
|
(1) during a period that is 30 or more days in |
|
duration, the person commits two or more acts of sexual abuse, |
|
regardless of whether the acts of sexual abuse are committed |
|
against one or more victims; and |
|
(2) at the time of the commission of each of the acts |
|
of sexual abuse, the actor is 18 [17] years of age or older and the |
|
victim is a child younger than 14 years of age. |
|
SECTION 2.03. Section 33.021(b), Penal Code, is amended to |
|
read as follows: |
|
(b) A person who is 18 [17] years of age or older commits an |
|
offense if, with the intent to commit an offense listed in Article |
|
62.001(5)(A), (B), or (K), Code of Criminal Procedure, the person, |
|
over the Internet, by electronic mail or text message or other |
|
electronic message service or system, or through a commercial |
|
online service, intentionally: |
|
(1) communicates in a sexually explicit manner with a |
|
minor; or |
|
(2) distributes sexually explicit material to a minor. |
|
SECTION 2.04. Section 71.028(c), Penal Code, is amended to |
|
read as follows: |
|
(c) Except as provided by Subsection (d), the punishment |
|
prescribed for an offense described by Subsection (b) is increased |
|
to the punishment prescribed for the next highest category of |
|
offense if the actor is 18 [17] years of age or older and it is shown |
|
beyond a reasonable doubt on the trial of the offense that the actor |
|
committed the offense at a location that was: |
|
(1) in, on, or within 1,000 feet of any: |
|
(A) real property that is owned, rented, or |
|
leased by a school or school board; |
|
(B) premises owned, rented, or leased by an |
|
institution of higher education; |
|
(C) premises of a public or private youth center; |
|
or |
|
(D) playground; |
|
(2) in, on, or within 300 feet of any: |
|
(A) shopping mall; |
|
(B) movie theater; |
|
(C) premises of a public swimming pool; or |
|
(D) premises of a video arcade facility; or |
|
(3) on a school bus. |
|
SECTION 2.05. Section 729.001(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) A person who is younger than 18 [17] years of age commits |
|
an offense if the person operates a motor vehicle on a public road |
|
or highway, a street or alley in a municipality, or a public beach |
|
in violation of any traffic law of this state, including: |
|
(1) Chapter 502, other than Section [502.282 or] |
|
502.412; |
|
(2) Chapter 521, other than an offense under Section |
|
521.457; |
|
(3) Subtitle C, other than an offense punishable by |
|
imprisonment or by confinement in jail under Section 550.021, |
|
550.022, 550.024, or 550.025; |
|
(4) Chapter 601; |
|
(5) Chapter 621; |
|
(6) Chapter 661; and |
|
(7) Chapter 681. |
|
SECTION 2.06. Section 729.002, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 729.002. OPERATION OF MOTOR VEHICLE BY MINOR WITHOUT |
|
LICENSE. (a) A person who is younger than 18 [17] years of age |
|
commits an offense if the person operates a motor vehicle without a |
|
driver's license authorizing the operation of a motor vehicle on a: |
|
(1) public road or highway; |
|
(2) street or alley in a municipality; or |
|
(3) public beach as defined by Section 729.001. |
|
(b) An offense under this section is punishable in the same |
|
manner as if the person was 18 [17] years of age or older and |
|
operated a motor vehicle without a license as described by |
|
Subsection (a), except that an offense under this section is not |
|
punishable by confinement or imprisonment. |
|
SECTION 2.07. The changes in law made by this article apply |
|
only to an offense committed on or after September 1, 2019. An |
|
offense committed before September 1, 2019, is governed by the law |
|
in effect on the date the offense was committed, and the former law |
|
is continued in effect for that purpose. For purposes of this |
|
section, an offense was committed before September 1, 2019, if any |
|
element of the offense occurred before that date. |
|
ARTICLE 3. CRIMINAL PROCEDURES |
|
SECTION 3.01. Article 4.19, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 4.19. TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN |
|
ADULT. (a) Notwithstanding the order of a juvenile court to |
|
detain a person under the age of 18 [17] who has been certified to |
|
stand trial as an adult in a certified juvenile detention facility |
|
under Section 54.02(h), Family Code, the judge of the criminal |
|
court having jurisdiction over the person may order the person to be |
|
transferred to an adult facility. A child who is transferred to an |
|
adult facility must be detained under conditions meeting the |
|
requirements of Section 51.12, Family Code. |
|
(b) On the 18th [17th] birthday of a person described by |
|
Subsection (a) who is detained in a certified juvenile detention |
|
facility under Section 54.02(h), Family Code, the judge of the |
|
criminal court having jurisdiction over the person shall order the |
|
person to be transferred to an adult facility. |
|
SECTION 3.02. Article 45.0215(a), Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(a) This article applies to a defendant who has not had the |
|
disabilities of minority removed and [has been:
|
|
[(1)
charged with an offense other than an offense
|
|
under Section 43.261, Penal Code, if the defendant is younger than
|
|
17 years of age; or
|
|
[(2)
charged with an offense under Section 43.261,
|
|
Penal Code, if the defendant] is younger than 18 years of age. |
|
SECTION 3.03. Articles 45.0216(b) and (h), Code of Criminal |
|
Procedure, are amended to read as follows: |
|
(b) A person may apply to the court in which the person was |
|
convicted to have the conviction expunged as provided by this |
|
article on or after the person's 18th [17th] birthday if: |
|
(1) the person was convicted of not more than one |
|
offense described by Section 8.07(a)(4) or (5), Penal Code, while |
|
the person was a child; or |
|
(2) the person was convicted only once of an offense |
|
under Section 43.261, Penal Code. |
|
(h) Records of a person under 18 [17] years of age relating |
|
to a complaint may be expunged under this article if: |
|
(1) the complaint was dismissed under Article 45.051 |
|
or 45.052 or other law; or |
|
(2) the person was acquitted of the offense. |
|
SECTION 3.04. Article 45.045(b), Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(b) A capias pro fine may not be issued for an individual |
|
convicted for an offense committed before the individual's 18th |
|
[17th] birthday unless: |
|
(1) the individual is 18 [17] years of age or older; |
|
(2) the court finds that the issuance of the capias pro |
|
fine is justified after considering: |
|
(A) the sophistication and maturity of the |
|
individual; |
|
(B) the criminal record and history of the |
|
individual; and |
|
(C) the reasonable likelihood of bringing about |
|
the discharge of the judgment through the use of procedures and |
|
services currently available to the court; and |
|
(3) the court has proceeded under Article 45.050 to |
|
compel the individual to discharge the judgment. |
|
SECTION 3.05. Article 45.0492(a), Code of Criminal |
|
Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd |
|
Legislature, Regular Session, 2011, is amended to read as follows: |
|
(a) This article applies only to a defendant younger than 18 |
|
[17] years of age who is assessed a fine or costs for a Class C |
|
misdemeanor occurring in a building or on the grounds of the primary |
|
or secondary school at which the defendant was enrolled at the time |
|
of the offense. |
|
SECTION 3.06. Article 45.0492(a), Code of Criminal |
|
Procedure, as added by Chapter 777 (H.B. 1964), Acts of the 82nd |
|
Legislature, Regular Session, 2011, is amended to read as follows: |
|
(a) This article applies only to a defendant younger than 18 |
|
[17] years of age who is assessed a fine or costs for a Class C |
|
misdemeanor. |
|
SECTION 3.07. Articles 45.050(d), (e), and (g), Code of |
|
Criminal Procedure, are amended to read as follows: |
|
(d) A justice or municipal court may hold a person in |
|
contempt and impose a remedy authorized by Subsection (c)(2) if: |
|
(1) the person was convicted for an offense committed |
|
before the person's 18th [17th] birthday; |
|
(2) the person failed to obey the order while the |
|
person was 18 [17] years of age or older; and |
|
(3) the failure to obey occurred under circumstances |
|
that constitute contempt of court. |
|
(e) A justice or municipal court may hold a person in |
|
contempt and impose a remedy authorized by Subsection (c)(2) if the |
|
person, while younger than 18 [17] years of age, engaged in conduct |
|
in contempt of an order issued by the justice or municipal court, |
|
but contempt proceedings could not be held before the person's 18th |
|
[17th] birthday. |
|
(g) A justice or municipal court may not refer a child who |
|
violates a court order while 18 [17] years of age or older to a |
|
juvenile court for delinquency proceedings for contempt of court. |
|
SECTION 3.08. Article 45.057(h), Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(h) A child and parent required to appear before the court |
|
have an obligation to provide the court in writing with the current |
|
address and residence of the child. The obligation does not end |
|
when the child reaches age 18 [17]. On or before the seventh day |
|
after the date the child or parent changes residence, the child or |
|
parent shall notify the court of the current address in the manner |
|
directed by the court. A violation of this subsection may result in |
|
arrest and is a Class C misdemeanor. The obligation to provide |
|
notice terminates on discharge and satisfaction of the judgment or |
|
final disposition not requiring a finding of guilt. |
|
SECTION 3.09. Article 45.058(h), Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(h) In this article, "child" means a person who is: |
|
(1) at least 10 years of age and younger than 18 [17] |
|
years of age; and |
|
(2) charged with or convicted of an offense that a |
|
justice or municipal court has jurisdiction of under Article 4.11 |
|
or 4.14. |
|
SECTION 3.10. Articles 45.060(a), (b), and (e), Code of |
|
Criminal Procedure, are amended to read as follows: |
|
(a) Except as provided by Articles 45.058 and 45.059, an |
|
individual may not be taken into secured custody for offenses |
|
alleged to have occurred before the individual's 18th [17th] |
|
birthday. |
|
(b) On or after an individual's 18th [17th] birthday, if the |
|
court has used all available procedures under this chapter to |
|
secure the individual's appearance to answer allegations made |
|
before the individual's 18th [17th] birthday, the court may issue a |
|
notice of continuing obligation to appear by personal service or by |
|
mail to the last known address and residence of the individual. The |
|
notice must order the individual to appear at a designated time, |
|
place, and date to answer the allegations detailed in the notice. |
|
(e) A notice of continuing obligation to appear issued under |
|
this article must contain the following statement provided in |
|
boldfaced type or capital letters: |
|
"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 18TH [17TH] |
|
BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO |
|
MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU |
|
ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS |
|
CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN |
|
ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED |
|
FOR YOUR ARREST." |
|
SECTION 3.11. Article 62.001(6), Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(6) "Sexually violent offense" means any of the |
|
following offenses committed by a person 18 [17] years of age or |
|
older: |
|
(A) an offense under Section 21.02 (Continuous |
|
sexual abuse of young child or children), 21.11(a)(1) (Indecency |
|
with a child), 22.011 (Sexual assault), or 22.021 (Aggravated |
|
sexual assault), Penal Code; |
|
(B) an offense under Section 43.25 (Sexual |
|
performance by a child), Penal Code; |
|
(C) an offense under Section 20.04(a)(4) |
|
(Aggravated kidnapping), Penal Code, if the defendant committed the |
|
offense with intent to violate or abuse the victim sexually; |
|
(D) an offense under Section 30.02 (Burglary), |
|
Penal Code, if the offense is punishable under Subsection (d) of |
|
that section and the defendant committed the offense with intent to |
|
commit a felony listed in Paragraph (A) or (C) of Subdivision (5); |
|
or |
|
(E) an offense under the laws of another state, |
|
federal law, the laws of a foreign country, or the Uniform Code of |
|
Military Justice if the offense contains elements that are |
|
substantially similar to the elements of an offense listed under |
|
Paragraph (A), (B), (C), or (D). |
|
SECTION 3.12. Article 62.351(a), Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(a) During or after disposition of a case under Section |
|
54.04, Family Code, for adjudication of an offense for which |
|
registration is required under this chapter, the juvenile court on |
|
motion of the respondent shall conduct a hearing to determine |
|
whether the interests of the public require registration under this |
|
chapter. The motion may be filed and the hearing held regardless of |
|
whether the respondent is under 19 [18] years of age. Notice of the |
|
motion and hearing shall be provided to the prosecuting attorney. |
|
SECTION 3.13. Article 62.352(c), Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(c) If the court enters an order described by Subsection |
|
(b)(1), the court retains discretion and jurisdiction to require, |
|
or exempt the respondent from, registration under this chapter at |
|
any time during the treatment or on the successful or unsuccessful |
|
completion of treatment, except that during the period of deferral, |
|
registration may not be required. Following successful completion |
|
of treatment, the respondent is exempted from registration under |
|
this chapter unless a hearing under this subchapter is held on |
|
motion of the prosecuting attorney, regardless of whether the |
|
respondent is 19 [18] years of age or older, and the court |
|
determines the interests of the public require registration. Not |
|
later than the 10th day after the date of the respondent's |
|
successful completion of treatment, the treatment provider shall |
|
notify the juvenile court and prosecuting attorney of the |
|
completion. |
|
SECTION 3.14. Article 62.353(b), Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(b) The person may file a motion under Subsection (a) in the |
|
original juvenile case regardless of whether the person, at the |
|
time of filing the motion, is 19 [18] years of age or older. Notice |
|
of the motion shall be provided to the prosecuting attorney. A |
|
hearing on the motion shall be provided as in other cases under this |
|
subchapter. |
|
SECTION 3.15. Section 37.085, Education Code, is amended to |
|
read as follows: |
|
Sec. 37.085. ARRESTS PROHIBITED FOR CERTAIN CLASS C |
|
MISDEMEANORS. Notwithstanding any other provision of law, a |
|
warrant may not be issued for the arrest of a person for a Class C |
|
misdemeanor under this code committed when the person was younger |
|
than 18 [17] years of age. |
|
SECTION 3.16. Section 521.453(i), Transportation Code, is |
|
amended to read as follows: |
|
(i) If the person ordered to perform community service under |
|
Subsection (h) is younger than 18 [17] years of age, the community |
|
service shall be performed as if ordered by a juvenile court under |
|
Section 54.044(a), Family Code, as a condition of probation under |
|
Section 54.04(d), Family Code. |
|
SECTION 3.17. (a) Except as provided by Subsection (b) of |
|
this section, the changes in law made by this article apply only to |
|
an offense committed on or after September 1, 2019. An offense |
|
committed before September 1, 2019, is governed by the law in effect |
|
on the date the offense was committed, and the former law is |
|
continued in effect for that purpose. |
|
(b) Articles 45.0216(b) and (h), Code of Criminal |
|
Procedure, as amended by this article, apply only to the expunction |
|
of certain records related to an offense committed on or after |
|
September 1, 2019. The expunction of certain records related to an |
|
offense committed before September 1, 2019, is governed by the law |
|
in effect on the date the offense was committed, and the former law |
|
is continued in effect for that purpose. |
|
(c) For purposes of this section, an offense was committed |
|
before September 1, 2019, if any element of the offense occurred |
|
before that date. |
|
ARTICLE 4. JUVENILE COURT PROCEDURES |
|
SECTION 4.01. Section 51.041, Family Code, is amended to |
|
read as follows: |
|
Sec. 51.041. JURISDICTION AFTER APPEAL. (a) The court |
|
retains jurisdiction over a person, without regard to the age of the |
|
person, for conduct engaged in by the person before becoming 18 [17] |
|
years of age if, as a result of an appeal by the person or the state |
|
under Chapter 56 of an order of the court, the order is reversed or |
|
modified and the case remanded to the court by the appellate court. |
|
(b) If the respondent is at least 19 [18] years of age when |
|
the order of remand from the appellate court is received by the |
|
juvenile court, the juvenile court shall proceed as provided by |
|
Sections 54.02(o)-(r) for the detention of a person at least 19 [18] |
|
years of age in discretionary transfer proceedings. Pending |
|
retrial of the adjudication or transfer proceeding, the juvenile |
|
court may: |
|
(1) order the respondent released from custody; |
|
(2) order the respondent detained in a juvenile |
|
detention facility; or |
|
(3) set bond and order the respondent detained in a |
|
county adult facility if bond is not made. |
|
SECTION 4.02. Section 51.0412, Family Code, is amended to |
|
read as follows: |
|
Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS. |
|
The court retains jurisdiction over a person, without regard to the |
|
age of the person, who is a respondent in an adjudication |
|
proceeding, a disposition proceeding, a proceeding to modify |
|
disposition, a proceeding for waiver of jurisdiction and transfer |
|
to criminal court under Section 54.02(a), or a motion for transfer |
|
of determinate sentence probation to an appropriate district court |
|
if: |
|
(1) the petition or motion was filed while the |
|
respondent was younger than 19 or 20 [18 or 19] years of age, as |
|
applicable; |
|
(2) the proceeding is not complete before the |
|
respondent becomes 19 or 20 [18 or 19] years of age, as applicable; |
|
and |
|
(3) the court enters a finding in the proceeding that |
|
the prosecuting attorney exercised due diligence in an attempt to |
|
complete the proceeding before the respondent became 19 or 20 [18 or
|
|
19] years of age, as applicable. |
|
SECTION 4.03. Sections 51.12(f) and (h), Family Code, are |
|
amended to read as follows: |
|
(f) A child detained in a building that contains a jail, |
|
lockup, or other place of secure confinement, including an alcohol |
|
or other drug treatment facility, shall be separated by sight and |
|
sound from adults detained in the same building. Children and |
|
adults are separated by sight and sound only if they are unable to |
|
see each other and conversation between them is not possible. The |
|
separation must extend to all areas of the facility, including |
|
sally ports and passageways, and those areas used for admission, |
|
counseling, sleeping, toileting, showering, dining, recreational, |
|
educational, or vocational activities, and health care. The |
|
separation may be accomplished through architectural design. A |
|
person who has been transferred for prosecution in criminal court |
|
under Section 54.02 and is under 18 [17] years of age is considered |
|
a child for the purposes of this subsection. |
|
(h) This section does not apply to a person: |
|
(1) who has been transferred to criminal court for |
|
prosecution under Section 54.02 and is at least 18 [17] years of |
|
age; or |
|
(2) who is at least 18 [17] years of age and who has |
|
been taken into custody after having: |
|
(A) escaped from a juvenile facility operated by |
|
or under contract with the Texas Juvenile Justice Department; or |
|
(B) violated a condition of release under |
|
supervision of the department. |
|
SECTION 4.04. Section 54.02(j), Family Code, is amended to |
|
read as follows: |
|
(j) The juvenile court may waive its exclusive original |
|
jurisdiction and transfer a person to the appropriate district |
|
court or criminal district court for criminal proceedings if: |
|
(1) the person is 19 [18] years of age or older; |
|
(2) the person was: |
|
(A) 10 years of age or older and under 18 [17] |
|
years of age at the time the person is alleged to have committed a |
|
capital felony or an offense under Section 19.02, Penal Code; |
|
(B) 14 years of age or older and under 18 [17] |
|
years of age at the time the person is alleged to have committed an |
|
aggravated controlled substance felony or a felony of the first |
|
degree other than an offense under Section 19.02, Penal Code; or |
|
(C) 15 years of age or older and under 18 [17] |
|
years of age at the time the person is alleged to have committed a |
|
felony of the second or third degree or a state jail felony; |
|
(3) no adjudication concerning the alleged offense has |
|
been made or no adjudication hearing concerning the offense has |
|
been conducted; |
|
(4) the juvenile court finds from a preponderance of |
|
the evidence that: |
|
(A) for a reason beyond the control of the state |
|
it was not practicable to proceed in juvenile court before the 19th |
|
[18th] birthday of the person; or |
|
(B) after due diligence of the state it was not |
|
practicable to proceed in juvenile court before the 19th [18th] |
|
birthday of the person because: |
|
(i) the state did not have probable cause to |
|
proceed in juvenile court and new evidence has been found since the |
|
19th [18th] birthday of the person; |
|
(ii) the person could not be found; or |
|
(iii) a previous transfer order was |
|
reversed by an appellate court or set aside by a district court; and |
|
(5) the juvenile court determines that there is |
|
probable cause to believe that the child before the court committed |
|
the offense alleged. |
|
SECTION 4.05. Section 54.0326(b), Family Code, is amended |
|
to read as follows: |
|
(b) A juvenile court may defer adjudication proceedings |
|
under Section 54.03 until the child's 19th [18th] birthday and |
|
require a child to participate in a program established under |
|
Section 152.0017, Human Resources Code, if the child: |
|
(1) is alleged to have engaged in delinquent conduct |
|
or conduct indicating a need for supervision and may be a victim of |
|
conduct that constitutes an offense under Section 20A.02, Penal |
|
Code; and |
|
(2) presents to the court an oral or written request to |
|
participate in the program. |
|
SECTION 4.06. Sections 54.04(e), (l), and (q), Family Code, |
|
are amended to read as follows: |
|
(e) The Texas Juvenile Justice Department shall accept a |
|
person properly committed to it by a juvenile court even though the |
|
person may be 18 [17] years of age or older at the time of |
|
commitment. |
|
(l) Except as provided by Subsection (q), a court or jury |
|
may place a child on probation under Subsection (d)(1) for any |
|
period, except that probation may not continue on or after the |
|
child's 19th [18th] birthday. Except as provided by Subsection |
|
(q), the court may, before the period of probation ends, extend the |
|
probation for any period, except that the probation may not extend |
|
to or after the child's 19th [18th] birthday. |
|
(q) If a court or jury sentences a child to commitment in the |
|
Texas Juvenile Justice Department or a post-adjudication secure |
|
correctional facility under Subsection (d)(3) for a term of not |
|
more than 10 years, the court or jury may place the child on |
|
probation under Subsection (d)(1) as an alternative to making the |
|
disposition under Subsection (d)(3). The court shall prescribe |
|
the period of probation ordered under this subsection for a term of |
|
not more than 10 years. The court may, before the sentence of |
|
probation expires, extend the probationary period under Section |
|
54.05, except that the sentence of probation and any extension may |
|
not exceed 10 years. The court may, before the child's 20th [19th] |
|
birthday, discharge the child from the sentence of probation. If a |
|
sentence of probation ordered under this subsection and any |
|
extension of probation ordered under Section 54.05 will continue |
|
after the child's 20th [19th] birthday, the court shall discharge |
|
the child from the sentence of probation on the child's 20th [19th] |
|
birthday unless the court transfers the child to an appropriate |
|
district court under Section 54.051. |
|
SECTION 4.07. Section 54.0405(i), Family Code, is amended |
|
to read as follows: |
|
(i) A court that requires as a condition of probation that a |
|
child attend psychological counseling under Subsection (a) may, |
|
before the date the probation period ends, extend the probation for |
|
any additional period necessary to complete the required counseling |
|
as determined by the treatment provider, except that the probation |
|
may not be extended to a date after the date of the child's 19th |
|
[18th] birthday, or 20th [19th] birthday if the child is placed on |
|
determinate sentence probation under Section 54.04(q). |
|
SECTION 4.08. Sections 54.041(b) and (h), Family Code, are |
|
amended to read as follows: |
|
(b) If a child is found to have engaged in delinquent |
|
conduct or conduct indicating a need for supervision arising from |
|
the commission of an offense in which property damage or loss or |
|
personal injury occurred, the juvenile court, on notice to all |
|
persons affected and on hearing, may order the child or a parent to |
|
make full or partial restitution to the victim of the offense. The |
|
program of restitution must promote the rehabilitation of the |
|
child, be appropriate to the age and physical, emotional, and |
|
mental abilities of the child, and not conflict with the child's |
|
schooling. When practicable and subject to court supervision, the |
|
court may approve a restitution program based on a settlement |
|
between the child and the victim of the offense. An order under |
|
this subsection may provide for periodic payments by the child or a |
|
parent of the child for the period specified in the order but except |
|
as provided by Subsection (h), that period may not extend past the |
|
date of the 19th [18th] birthday of the child or past the date the |
|
child is no longer enrolled in an accredited secondary school in a |
|
program leading toward a high school diploma, whichever date is |
|
later. |
|
(h) If the juvenile court places the child on probation in a |
|
determinate sentence proceeding initiated under Section 53.045 and |
|
transfers supervision on the child's 20th [19th] birthday to a |
|
district court for placement on community supervision, the district |
|
court shall require the payment of any unpaid restitution as a |
|
condition of the community supervision. The liability of the |
|
child's parent for restitution may not be extended by transfer to a |
|
district court for supervision. |
|
SECTION 4.09. Sections 54.05(a) and (b), Family Code, are |
|
amended to read as follows: |
|
(a) Any [Except as provided by Subsection (a-1), any] |
|
disposition, except a commitment to the Texas Juvenile Justice |
|
Department, may be modified by the juvenile court as provided in |
|
this section until: |
|
(1) the child reaches: |
|
(A) the child's 19th [18th] birthday; or |
|
(B) the child's 20th [19th] birthday, if the |
|
child was placed on determinate sentence probation under Section |
|
54.04(q); or |
|
(2) the child is earlier discharged by the court or |
|
operation of law. |
|
(b) Except for a commitment to the Texas Juvenile Justice |
|
Department or to a post-adjudication secure correctional facility |
|
under Section 54.04011 or a placement on determinate sentence |
|
probation under Section 54.04(q), all dispositions automatically |
|
terminate when the child reaches the child's 19th [18th] birthday. |
|
SECTION 4.10. Section 54.051, Family Code, is amended by |
|
amending Subsections (a), (b), (c), (d), (e-2), and (i) and adding |
|
Subsection (j) to read as follows: |
|
(a) On motion of the state concerning a child who is placed |
|
on probation under Section 54.04(q) for a period, including any |
|
extension ordered under Section 54.05, that will continue after the |
|
child's applicable [19th] birthday, the juvenile court shall hold a |
|
hearing to determine whether to transfer the child to an |
|
appropriate district court or discharge the child from the sentence |
|
of probation. |
|
(b) The hearing must be conducted before the person's |
|
applicable [19th] birthday[, or before the person's 18th birthday
|
|
if the offense for which the person was placed on probation occurred
|
|
before September 1, 2011,] and must be conducted in the same manner |
|
as a hearing to modify disposition under Section 54.05. |
|
(c) If, after a hearing, the court determines to discharge |
|
the child, the court shall specify a date on or before the child's |
|
applicable [19th] birthday to discharge the child from the |
|
sentence of probation. |
|
(d) If, after a hearing, the court determines to transfer |
|
the child, the court shall transfer the child to an appropriate |
|
district court on the child's applicable [19th] birthday. |
|
(e-2) If a person who is placed on community supervision |
|
under this section violates a condition of that supervision or if |
|
the person violated a condition of probation ordered under Section |
|
54.04(q) and that probation violation was not discovered by the |
|
state before the person's 20th [19th] birthday, the district court |
|
shall dispose of the violation of community supervision or |
|
probation, as appropriate, in the same manner as if the court had |
|
originally exercised jurisdiction over the case. If the judge |
|
revokes community supervision, the judge may reduce the prison |
|
sentence to any length without regard to the minimum term imposed by |
|
Article 42A.755(a), Code of Criminal Procedure. |
|
(i) If the juvenile court exercises jurisdiction over a |
|
person on or after the person's [who is 18 or 19 years of age or
|
|
older, as] applicable birthday, under Section 51.041 or 51.0412, |
|
the court or jury may, if the person is otherwise eligible, place |
|
the person on probation under Section 54.04(q). The juvenile court |
|
shall set the conditions of probation and immediately transfer |
|
supervision of the person to the appropriate court exercising |
|
criminal jurisdiction under Subsection (e). |
|
(j) In this section, "applicable birthday" means the |
|
person's: |
|
(1) 18th birthday, if the conduct for which the person |
|
was placed on probation occurred before September 1, 2011; |
|
(2) 19th birthday, if the conduct for which the person |
|
was placed on probation occurred on or after September 1, 2011, but |
|
before September 1, 2019; or |
|
(3) 20th birthday, if the conduct for which the person |
|
was placed on probation occurred on or after September 1, 2019. |
|
SECTION 4.11. Section 54.11(l), Family Code, is amended to |
|
read as follows: |
|
(l) Pending the conclusion of a transfer hearing, the |
|
juvenile court shall order that the person who is referred for |
|
transfer be detained in a certified juvenile detention facility as |
|
provided by Subsection (m). If the person is at least 18 [17] years |
|
of age, the juvenile court may order that the person be detained |
|
without bond in an appropriate county facility for the detention of |
|
adults accused of criminal offenses. |
|
SECTION 4.12. Section 55.15, Family Code, is amended to |
|
read as follows: |
|
Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER |
|
FOR MENTAL HEALTH SERVICES. If the juvenile court or a court to |
|
which the child's case is referred under Section 55.12(2) orders |
|
mental health services for the child, the child shall be cared for, |
|
treated, and released in conformity to Subtitle C, Title 7, Health |
|
and Safety Code, except: |
|
(1) a court order for mental health services for a |
|
child automatically expires on the 120th day after the date the |
|
child becomes 19 [18] years of age; and |
|
(2) the administrator of a mental health facility |
|
shall notify, in writing, by certified mail, return receipt |
|
requested, the juvenile court that ordered mental health services |
|
or the juvenile court that referred the case to a court that ordered |
|
the mental health services of the intent to discharge the child at |
|
least 10 days prior to discharge. |
|
SECTION 4.13. Section 55.18, Family Code, is amended to |
|
read as follows: |
|
Sec. 55.18. DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE |
|
REACHING 19 [18] YEARS OF AGE. If the child is discharged from the |
|
mental health facility before reaching 19 [18] years of age, the |
|
juvenile court may: |
|
(1) dismiss the juvenile court proceedings with |
|
prejudice; or |
|
(2) continue with proceedings under this title as |
|
though no order of mental health services had been made. |
|
SECTION 4.14. The heading to Section 55.19, Family Code, is |
|
amended to read as follows: |
|
Sec. 55.19. TRANSFER TO CRIMINAL COURT ON 19TH [18TH] |
|
BIRTHDAY. |
|
SECTION 4.15. Section 55.19(a), Family Code, is amended to |
|
read as follows: |
|
(a) The juvenile court shall transfer all pending |
|
proceedings from the juvenile court to a criminal court on the 19th |
|
[18th] birthday of a child for whom the juvenile court or a court to |
|
which the child's case is referred under Section 55.12(2) has |
|
ordered inpatient mental health services if: |
|
(1) the child is not discharged or furloughed from the |
|
inpatient mental health facility before reaching 19 [18] years of |
|
age; and |
|
(2) the child is alleged to have engaged in delinquent |
|
conduct that included a violation of a penal law listed in Section |
|
53.045 and no adjudication concerning the alleged conduct has been |
|
made. |
|
SECTION 4.16. Section 55.43(a), Family Code, is amended to |
|
read as follows: |
|
(a) The prosecuting attorney may file with the juvenile |
|
court a motion for a restoration hearing concerning a child if: |
|
(1) the child is found unfit to proceed as a result of |
|
mental illness or an intellectual disability; and |
|
(2) the child: |
|
(A) is not: |
|
(i) ordered by a court to receive inpatient |
|
mental health services; |
|
(ii) committed by a court to a residential |
|
care facility; or |
|
(iii) ordered by a court to receive |
|
treatment on an outpatient basis; or |
|
(B) is discharged or currently on furlough from a |
|
mental health facility or outpatient center before the child |
|
reaches 19 [18] years of age. |
|
SECTION 4.17. The heading to Section 55.44, Family Code, is |
|
amended to read as follows: |
|
Sec. 55.44. TRANSFER TO CRIMINAL COURT ON 19TH [18TH] |
|
BIRTHDAY OF CHILD. |
|
SECTION 4.18. Section 55.44(a), Family Code, is amended to |
|
read as follows: |
|
(a) The juvenile court shall transfer all pending |
|
proceedings from the juvenile court to a criminal court on the 19th |
|
[18th] birthday of a child for whom the juvenile court or a court to |
|
which the child's case is referred has ordered inpatient mental |
|
health services or residential care for persons with an |
|
intellectual disability if: |
|
(1) the child is not discharged or currently on |
|
furlough from the facility before reaching 19 [18] years of age; and |
|
(2) the child is alleged to have engaged in delinquent |
|
conduct that included a violation of a penal law listed in Section |
|
53.045 and no adjudication concerning the alleged conduct has been |
|
made. |
|
SECTION 4.19. Sections 58.003(c), (c-2), (c-4), (c-6), and |
|
(c-8), Family Code, are amended to read as follows: |
|
(c) Subject to Subsection (b), a court may order the sealing |
|
of records concerning a person adjudicated as having engaged in |
|
delinquent conduct that violated a penal law of the grade of felony |
|
only if: |
|
(1) the person is 19 years of age or older; |
|
(2) the person was not transferred by a juvenile court |
|
under Section 54.02 to a criminal court for prosecution; |
|
(3) the records have not been used as evidence in the |
|
punishment phase of a criminal proceeding under Section 3(a), |
|
Article 37.07, Code of Criminal Procedure; and |
|
(4) the person has not been convicted of a penal law of |
|
the grade of felony after becoming age 18 [17]. |
|
(c-2) If the court orders the sealing of a child's records |
|
under Subsection (c-1), a prosecuting attorney or juvenile |
|
probation department may maintain until the child's 19th [17th] |
|
birthday a separate record of the child's name and date of birth and |
|
the date the child successfully completed the drug court program. |
|
The prosecuting attorney or juvenile probation department, as |
|
applicable, shall send the record to the court as soon as |
|
practicable after the child's 19th [17th] birthday to be added to |
|
the child's other sealed records. |
|
(c-4) A prosecuting attorney or juvenile probation |
|
department may maintain until a child's 19th [17th] birthday a |
|
separate record of the child's name and date of birth and the date |
|
on which the child's records are sealed, if the child's records are |
|
sealed under Subsection (c-3). The prosecuting attorney or |
|
juvenile probation department, as applicable, shall send the record |
|
to the court as soon as practicable after the child's 19th [17th] |
|
birthday to be added to the child's other sealed records. |
|
(c-6) A prosecuting attorney or juvenile probation |
|
department may maintain until a child's 19th [17th] birthday a |
|
separate record of the child's name and date of birth and the date |
|
on which the child successfully completed the educational program, |
|
if the child's records are sealed under Subsection (c-5). The |
|
prosecuting attorney or juvenile probation department, as |
|
applicable, shall send the record to the court as soon as |
|
practicable after the child's 19th [17th] birthday to be added to |
|
the child's other sealed records. |
|
(c-8) If the court orders the sealing of a child's records |
|
under Subsection (c-7), a prosecuting attorney or juvenile |
|
probation department may maintain until the child's 19th [18th] |
|
birthday a separate record of the child's name and date of birth and |
|
the date the child successfully completed the trafficked persons |
|
program. The prosecuting attorney or juvenile probation |
|
department, as applicable, shall send the record to the court as |
|
soon as practicable after the child's 19th [18th] birthday to be |
|
added to the child's other sealed records. |
|
SECTION 4.20. Section 58.0052(a)(2), Family Code, is |
|
amended to read as follows: |
|
(2) "Multi-system youth" means a person who: |
|
(A) is younger than 20 [19] years of age; and |
|
(B) has received services from two or more |
|
juvenile service providers. |
|
SECTION 4.21. Section 58.0071(d), Family Code, is amended |
|
to read as follows: |
|
(d) The physical records and files of a juvenile case may |
|
only be destroyed if the child who is the respondent in the case: |
|
(1) is at least 19 [18] years of age and: |
|
(A) the most serious allegation adjudicated was |
|
conduct indicating a need for supervision; |
|
(B) the most serious allegation was conduct |
|
indicating a need for supervision and there was not an |
|
adjudication; or |
|
(C) the referral or information did not relate to |
|
conduct indicating a need for supervision or delinquent conduct and |
|
the juvenile court or the court's staff did not take action on the |
|
referral or information for that reason; |
|
(2) is at least 21 years of age and: |
|
(A) the most serious allegation adjudicated was |
|
delinquent conduct that violated a penal law of the grade of |
|
misdemeanor; or |
|
(B) the most serious allegation was delinquent |
|
conduct that violated a penal law of the grade of misdemeanor or |
|
felony and there was not an adjudication; or |
|
(3) is at least 31 years of age and the most serious |
|
allegation adjudicated was delinquent conduct that violated a penal |
|
law of the grade of felony. |
|
SECTION 4.22. Section 58.203(a), Family Code, is amended to |
|
read as follows: |
|
(a) The department shall certify to the juvenile probation |
|
department to which a referral was made that resulted in |
|
information being submitted to the juvenile justice information |
|
system that the records relating to a person's juvenile case are |
|
subject to automatic restriction of access if: |
|
(1) the person is at least 19 [17] years of age; |
|
(2) the juvenile case did not include conduct |
|
resulting in determinate sentence proceedings in the juvenile court |
|
under Section 53.045; and |
|
(3) the juvenile case was not certified for trial in |
|
criminal court under Section 54.02. |
|
SECTION 4.23. Section 58.208, Family Code, is amended to |
|
read as follows: |
|
Sec. 58.208. INFORMATION TO CHILD ON DISCHARGE. On the |
|
final discharge of a child from the juvenile system or on the last |
|
official action in the case, if there is no adjudication, the |
|
appropriate juvenile justice official shall provide to the child: |
|
(1) a written explanation of how automatic restricted |
|
access under this subchapter works; |
|
(2) a copy of this subchapter; and |
|
(3) a statement that if the child wishes to receive |
|
notification of an action restricting access to the child's records |
|
under Section 58.207(a), the child must before the child's 19th |
|
[17th] birthday provide the juvenile probation department with a |
|
current address where the child can receive notification. |
|
SECTION 4.24. Section 58.209(a), Family Code, is amended to |
|
read as follows: |
|
(a) When a child is placed on probation for an offense that |
|
may be eligible for automatic restricted access at age 19 [17] or |
|
when a child is received by the Texas Juvenile Justice Department on |
|
an indeterminate commitment, a probation officer or an official at |
|
the Texas Juvenile Justice Department reception center, as soon as |
|
practicable, shall explain the substance of the following |
|
information to the child: |
|
(1) if the child was adjudicated as having committed |
|
delinquent conduct for a felony or jailable misdemeanor, that the |
|
child probably has a juvenile record with the department and the |
|
Federal Bureau of Investigation; |
|
(2) that the child's juvenile record is a permanent |
|
record that is not destroyed or erased unless the record is eligible |
|
for sealing and the child or the child's family hires a lawyer and |
|
files a petition in court to have the record sealed; |
|
(3) that the child's juvenile record, other than |
|
treatment records made confidential by law, can be accessed by |
|
police, sheriff's officers, prosecutors, probation officers, |
|
correctional officers, and other criminal and juvenile justice |
|
officials in this state and elsewhere; |
|
(4) that the child's juvenile record, other than |
|
treatment records made confidential by law, can be accessed by |
|
employers, educational institutions, licensing agencies, and other |
|
organizations when the child applies for employment or educational |
|
programs; |
|
(5) if the child's juvenile record is placed on |
|
restricted access when the child becomes 19 [17] years of age, that |
|
access will be denied to employers, educational institutions, and |
|
others except for criminal justice agencies; |
|
(6) that restricted access does not require any action |
|
by the child or the child's family, including the filing of a |
|
petition or hiring of a lawyer, but occurs automatically at age 19 |
|
[17]; and |
|
(7) that if the child is under the jurisdiction of the |
|
juvenile court or the Texas Juvenile Justice Department on or after |
|
the child's 19th [17th] birthday, the law regarding restricted |
|
access will not apply until the person is discharged from the |
|
jurisdiction of the court or department, as appropriate. |
|
SECTION 4.25. Section 58.211(a), Family Code, is amended to |
|
read as follows: |
|
(a) If the department has notified a juvenile probation |
|
department that a record has been placed on restricted access and |
|
the department later receives information in the department's |
|
criminal history system that the subject of the records has been |
|
convicted of or placed on deferred adjudication for a felony or a |
|
misdemeanor punishable by confinement in jail for an offense |
|
committed after the person reached the age of 18 [17], the person's |
|
juvenile records are no longer subject to restricted access. The |
|
department shall notify the appropriate local juvenile probation |
|
departments in the manner described by Section 58.203 that the |
|
person's records are no longer subject to restricted access. |
|
SECTION 4.26. Section 59.005(b), Family Code, is amended to |
|
read as follows: |
|
(b) The juvenile court or the probation department shall |
|
discharge the child from the custody of the probation department on |
|
the date the provisions of this section are met or on the child's |
|
19th [18th] birthday, whichever is earlier. |
|
SECTION 4.27. Section 59.006(b), Family Code, is amended to |
|
read as follows: |
|
(b) The juvenile court shall discharge the child from the |
|
custody of the probation department on the date the provisions of |
|
this section are met or on the child's 19th [18th] birthday, |
|
whichever is earlier. |
|
SECTION 4.28. Section 59.007(b), Family Code, is amended to |
|
read as follows: |
|
(b) The juvenile court shall discharge the child from the |
|
custody of the probation department on the date the provisions of |
|
this section are met or on the child's 19th [18th] birthday, |
|
whichever is earlier. |
|
SECTION 4.29. Section 59.008(b), Family Code, is amended to |
|
read as follows: |
|
(b) The juvenile court shall discharge the child from the |
|
custody of the probation department on the date the provisions of |
|
this section are met or on the child's 19th [18th] birthday, |
|
whichever is earlier. |
|
SECTION 4.30. Section 59.009(c), Family Code, is amended to |
|
read as follows: |
|
(c) The Texas Juvenile Justice Department, juvenile board, |
|
or local juvenile probation department may discharge the child from |
|
the custody of the department, board, or probation department, as |
|
applicable, on the date the provisions of this section are met or on |
|
the child's 20th [19th] birthday, whichever is earlier. |
|
SECTION 4.31. Section 61.051(c), Family Code, is amended to |
|
read as follows: |
|
(c) The juvenile court retains jurisdiction to enter a |
|
contempt order if the motion for enforcement is filed not later than |
|
six months after the child's 19th [18th] birthday. |
|
SECTION 4.32. Section 614.019(b), Health and Safety Code, |
|
is amended to read as follows: |
|
(b) A child with mental illness who is receiving continuity |
|
of care services during parole from the Texas Juvenile Justice |
|
Department and who is no longer eligible to receive services from a |
|
local mental health authority when the child becomes 18 [17] years |
|
of age because the child does not meet the requirements of a local |
|
service area plan under Section 533.0352(a) may continue to receive |
|
continuity of care services from the office until the child |
|
completes the child's parole. |
|
SECTION 4.33. Section 63.001(1), Human Resources Code, is |
|
amended to read as follows: |
|
(1) "Juvenile" means a person from the age of 10 to 20 |
|
[18] years who: |
|
(A) has been found to have engaged in delinquent |
|
conduct by a juvenile court; and |
|
(B) is under the jurisdiction of the juvenile |
|
court [of competent jurisdiction]. |
|
SECTION 4.34. Section 152.0015, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 152.0015. PRETRIAL DETENTION POLICY FOR CERTAIN |
|
JUVENILES. A juvenile board shall establish a policy that |
|
specifies whether a person who has been transferred for criminal |
|
prosecution under Section 54.02, Family Code, and is younger than |
|
18 [17] years of age may be detained in a juvenile facility pending |
|
trial as provided by Section 51.12, Family Code. |
|
SECTION 4.35. Sections 152.0016(e) and (j), Human Resources |
|
Code, are amended to read as follows: |
|
(e) A juvenile board or a local juvenile probation |
|
department shall accept a person properly committed to it by a |
|
juvenile court under Section 54.04011, Family Code, in the same |
|
manner in which the Texas Juvenile Justice Department accepts a |
|
person under Section 54.04(e), Family Code, even though the person |
|
may be 18 [17] years of age or older at the time of the commitment. |
|
(j) After a child committed to a post-adjudication secure |
|
correctional facility with a determinate sentence under Section |
|
54.04011(c)(2), Family Code, becomes 16 years of age but before the |
|
child becomes 20 [19] years of age, the juvenile board or local |
|
juvenile probation department operating or contracting for the |
|
operation of the facility may refer the child to the juvenile court |
|
that entered the order of commitment for approval of the child's |
|
transfer to the Texas Department of Criminal Justice for |
|
confinement if the child has not completed the sentence and: |
|
(1) the child's conduct, regardless of whether the |
|
child was released under supervision through a program established |
|
by the board or department, indicates that the welfare of the |
|
community requires the transfer; or |
|
(2) while the child was released under supervision: |
|
(A) a juvenile court adjudicated the child as |
|
having engaged in delinquent conduct constituting a felony offense; |
|
(B) a criminal court convicted the child of a |
|
felony offense; or |
|
(C) the child's release under supervision was |
|
revoked. |
|
SECTION 4.36. Section 201.001(a)(2), Human Resources Code, |
|
is amended to read as follows: |
|
(2) "Child" means an individual: |
|
(A) 10 years of age or older and younger than 20 |
|
[18] years of age who is under the jurisdiction of a juvenile court; |
|
or |
|
(B) 10 years of age or older and younger than 20 |
|
[19] years of age who is committed to the department under Title 3, |
|
Family Code. |
|
SECTION 4.37. Section 243.051(b), Human Resources Code, is |
|
amended to read as follows: |
|
(b) A child who is arrested or taken into custody under |
|
Subsection (a) may be detained in any suitable place, including an |
|
adult jail facility if the person is 18 [17] years of age or older, |
|
until the child is returned to the custody of the department or |
|
transported to a department facility. |
|
SECTION 4.38. Section 244.014(a), Human Resources Code, is |
|
amended to read as follows: |
|
(a) After a child sentenced to commitment under Section |
|
54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years |
|
of age but before the child becomes 20 [19] years of age, the |
|
department may refer the child to the juvenile court that entered |
|
the order of commitment for approval of the child's transfer to the |
|
Texas Department of Criminal Justice for confinement if: |
|
(1) the child has not completed the sentence; and |
|
(2) the child's conduct, regardless of whether the |
|
child was released under supervision under Section 245.051, |
|
indicates that the welfare of the community requires the transfer. |
|
SECTION 4.39. Section 244.015, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 244.015. EVALUATION OF CERTAIN CHILDREN SERVING |
|
DETERMINATE SENTENCES. (a) When a child who is sentenced to |
|
commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f), |
|
Family Code, becomes 19 [18] years of age, the department shall |
|
evaluate whether the child is in need of additional services that |
|
can be completed in the six-month period after the child's 19th |
|
[18th] birthday to prepare the child for release from the custody of |
|
the department or transfer to the Texas Department of Criminal |
|
Justice. |
|
(b) This section does not apply to a child who is released |
|
from the custody of the department or who is transferred to the |
|
Texas Department of Criminal Justice before the child's 19th [18th] |
|
birthday. |
|
SECTION 4.40. Section 245.053(i), Human Resources Code, is |
|
amended to read as follows: |
|
(i) If the department requires as a condition of release |
|
that a child attend psychological counseling under Subsection (a), |
|
the department may, before the date the period of release ends, |
|
petition the appropriate court to request the court to extend the |
|
period of release for an additional period necessary to complete |
|
the required counseling as determined by the treatment provider, |
|
except that the release period may not be extended to a date after |
|
the date of the child's 19th [18th] birthday. |
|
SECTION 4.41. Sections 245.151(d) and (e), Human Resources |
|
Code, are amended to read as follows: |
|
(d) Except as provided by Subsection (e), the department |
|
shall discharge from its custody a person not already discharged on |
|
the person's 20th [19th] birthday. |
|
(e) The department shall transfer a person who has been |
|
sentenced under a determinate sentence to commitment under Section |
|
54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been |
|
returned to the department under Section 54.11(i)(1), Family Code, |
|
to the custody of the Texas Department of Criminal Justice on the |
|
person's 20th [19th] birthday, if the person has not already been |
|
discharged or transferred, to serve the remainder of the person's |
|
sentence on parole as provided by Section 508.156, Government Code. |
|
SECTION 4.42. (a) Except as provided by Subsection (b) of |
|
this section, the changes in law made by this article apply only to |
|
procedures relating to conduct that occurs on or after September 1, |
|
2019. Procedures relating to conduct that occurred before |
|
September 1, 2019, are governed by the law in effect on the date the |
|
conduct occurred, and the former law is continued in effect for that |
|
purpose. |
|
(b) The change in law made by this article to Section |
|
58.0052, Family Code, applies to the sharing of information on or |
|
after September 1, 2019, without regard to whether the information |
|
was compiled before, on, or after that date. |
|
(c) For purposes of this section, conduct occurred before |
|
September 1, 2019, if any element of the conduct occurred before |
|
that date. |
|
ARTICLE 5. MISCELLANEOUS LAWS RELATING TO AGE OF CRIMINAL |
|
RESPONSIBILITY |
|
SECTION 5.01. Section 109.001(5), Business & Commerce Code, |
|
is amended to read as follows: |
|
(5) "Confidential criminal record information of a |
|
child" means information about a person's involvement in the |
|
criminal justice system resulting from conduct that occurred or was |
|
alleged to occur when the person was younger than 18 [17] years of |
|
age that is confidential under Chapter 45, Code of Criminal |
|
Procedure, or other law. The term does not include: |
|
(A) criminal record information of a person |
|
certified to stand trial as an adult for that conduct, as provided |
|
by Section 54.02, Family Code; or |
|
(B) information relating to a traffic offense. |
|
SECTION 5.02. Section 65.251(b), Family Code, is amended to |
|
read as follows: |
|
(b) If a child fails to obey an order issued by a truancy |
|
court under Section 65.103(a) or a child is in direct contempt of |
|
court and the child has failed to obey an order or has been found in |
|
direct contempt of court on two or more previous occasions, the |
|
truancy court, after providing notice and an opportunity for a |
|
hearing, may refer the child to the juvenile probation department |
|
as a request for truancy intervention, unless the child failed to |
|
obey the truancy court order or was in direct contempt of court |
|
while 18 [17] years of age or older. |
|
SECTION 5.03. Section 79.001(10), Government Code, is |
|
amended to read as follows: |
|
(10) "Juvenile offense" means conduct committed by a |
|
person while younger than 18 [17] years of age that constitutes: |
|
(A) a misdemeanor punishable by confinement; or |
|
(B) a felony. |
|
SECTION 5.04. Section 511.009(a), Government Code, as |
|
amended by Chapters 281 (H.B. 875), 648 (H.B. 549), and 688 (H.B. |
|
634), Acts of the 84th Legislature, Regular Session, 2015, is |
|
reenacted and amended to read as follows: |
|
(a) The commission shall: |
|
(1) adopt reasonable rules and procedures |
|
establishing minimum standards for the construction, equipment, |
|
maintenance, and operation of county jails; |
|
(2) adopt reasonable rules and procedures |
|
establishing minimum standards for the custody, care, and treatment |
|
of prisoners; |
|
(3) adopt reasonable rules establishing minimum |
|
standards for the number of jail supervisory personnel and for |
|
programs and services to meet the needs of prisoners; |
|
(4) adopt reasonable rules and procedures |
|
establishing minimum requirements for programs of rehabilitation, |
|
education, and recreation in county jails; |
|
(5) revise, amend, or change rules and procedures if |
|
necessary; |
|
(6) provide to local government officials |
|
consultation on and technical assistance for county jails; |
|
(7) review and comment on plans for the construction |
|
and major modification or renovation of county jails; |
|
(8) require that the sheriff and commissioners of each |
|
county submit to the commission, on a form prescribed by the |
|
commission, an annual report on the conditions in each county jail |
|
within their jurisdiction, including all information necessary to |
|
determine compliance with state law, commission orders, and the |
|
rules adopted under this chapter; |
|
(9) review the reports submitted under Subdivision (8) |
|
and require commission employees to inspect county jails regularly |
|
to ensure compliance with state law, commission orders, and rules |
|
and procedures adopted under this chapter; |
|
(10) adopt a classification system to assist sheriffs |
|
and judges in determining which defendants are low-risk and |
|
consequently suitable participants in a county jail work release |
|
program under Article 42.034, Code of Criminal Procedure; |
|
(11) adopt rules relating to requirements for |
|
segregation of classes of inmates and to capacities for county |
|
jails; |
|
(12) require that the chief jailer of each municipal |
|
lockup submit to the commission, on a form prescribed by the |
|
commission, an annual report of persons under 18 [17] years of age |
|
securely detained in the lockup, including all information |
|
necessary to determine compliance with state law concerning secure |
|
confinement of children in municipal lockups; |
|
(13) at least annually determine whether each county |
|
jail is in compliance with the rules and procedures adopted under |
|
this chapter; |
|
(14) require that the sheriff and commissioners court |
|
of each county submit to the commission, on a form prescribed by the |
|
commission, an annual report of persons under 18 [17] years of age |
|
securely detained in the county jail, including all information |
|
necessary to determine compliance with state law concerning secure |
|
confinement of children in county jails; |
|
(15) schedule announced and unannounced inspections |
|
of jails under the commission's jurisdiction using the risk |
|
assessment plan established under Section 511.0085 to guide the |
|
inspections process; |
|
(16) adopt a policy for gathering and distributing to |
|
jails under the commission's jurisdiction information regarding: |
|
(A) common issues concerning jail |
|
administration; |
|
(B) examples of successful strategies for |
|
maintaining compliance with state law and the rules, standards, and |
|
procedures of the commission; and |
|
(C) solutions to operational challenges for |
|
jails; |
|
(17) report to the Texas Correctional Office on |
|
Offenders with Medical or Mental Impairments on a jail's compliance |
|
with Article 16.22, Code of Criminal Procedure; |
|
(18) adopt reasonable rules and procedures |
|
establishing minimum requirements for jails to: |
|
(A) determine if a prisoner is pregnant; and |
|
(B) ensure that the jail's health services plan |
|
addresses medical and mental health care, including nutritional |
|
requirements, and any special housing or work assignment needs for |
|
persons who are confined in the jail and are known or determined to |
|
be pregnant; |
|
(19) provide guidelines to sheriffs regarding |
|
contracts between a sheriff and another entity for the provision of |
|
food services to or the operation of a commissary in a jail under |
|
the commission's jurisdiction, including specific provisions |
|
regarding conflicts of interest and avoiding the appearance of |
|
impropriety; [and] |
|
(20) adopt reasonable rules and procedures |
|
establishing minimum standards for prisoner visitation that |
|
provide each prisoner at a county jail with a minimum of two |
|
in-person, noncontact visitation periods per week of at least 20 |
|
minutes duration each; |
|
(21) [(20)] require the sheriff of each county to: |
|
(A) investigate and verify the veteran status of |
|
each prisoner by using data made available from the Veterans |
|
Reentry Search Service (VRSS) operated by the United States |
|
Department of Veterans Affairs or a similar service; and |
|
(B) use the data described by Paragraph (A) to |
|
assist prisoners who are veterans in applying for federal benefits |
|
or compensation for which the prisoners may be eligible under a |
|
program administered by the United States Department of Veterans |
|
Affairs; and |
|
(22) [(20)] adopt reasonable rules and procedures |
|
regarding visitation of a prisoner at a county jail by a guardian, |
|
as defined by Section 1002.012, Estates Code, that: |
|
(A) allow visitation by a guardian to the same |
|
extent as the prisoner's next of kin, including placing the |
|
guardian on the prisoner's approved visitors list on the guardian's |
|
request and providing the guardian access to the prisoner during a |
|
facility's standard visitation hours if the prisoner is otherwise |
|
eligible to receive visitors; and |
|
(B) require the guardian to provide the sheriff |
|
with letters of guardianship issued as provided by Section |
|
1106.001, Estates Code, before being allowed to visit the prisoner. |
|
SECTION 5.05. Section 521.201, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 521.201. LICENSE INELIGIBILITY IN GENERAL. The |
|
department may not issue any license to a person who: |
|
(1) is under 15 years of age; |
|
(2) is under 18 years of age unless the person complies |
|
with the requirements imposed by Section 521.204; |
|
(3) is shown to be addicted to the use of alcohol, a |
|
controlled substance, or another drug that renders a person |
|
incapable of driving; |
|
(4) holds a driver's license issued by this state or |
|
another state or country that is revoked, canceled, or under |
|
suspension; |
|
(5) has been determined by a judgment of a court to be |
|
totally incapacitated or incapacitated to act as the operator of a |
|
motor vehicle unless the person has, by the date of the license |
|
application, been: |
|
(A) restored to capacity by judicial decree; or |
|
(B) released from a hospital for the mentally |
|
incapacitated on a certificate by the superintendent or |
|
administrator of the hospital that the person has regained |
|
capacity; |
|
(6) the department determines to be afflicted with a |
|
mental or physical disability or disease that prevents the person |
|
from exercising reasonable and ordinary control over a motor |
|
vehicle while operating the vehicle on a highway, except that a |
|
person may not be refused a license because of a physical defect if |
|
common experience shows that the defect does not incapacitate a |
|
person from safely operating a motor vehicle; |
|
(7) has been reported by a court under Section |
|
521.3452 for failure to appear unless the court has filed an |
|
additional report on final disposition of the case; or |
|
(8) has been reported by a court for failure to appear |
|
or default in payment of a fine for a misdemeanor that is not |
|
covered under Subdivision (7) and that is punishable by a fine only, |
|
including a misdemeanor under a municipal ordinance, committed by a |
|
person who was under 18 [17] years of age at the time of the alleged |
|
offense, unless the court has filed an additional report on final |
|
disposition of the case. |
|
SECTION 5.06. Section 521.294, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 521.294. DEPARTMENT'S DETERMINATION FOR LICENSE |
|
REVOCATION. The department shall revoke the person's license if |
|
the department determines that the person: |
|
(1) is incapable of safely operating a motor vehicle; |
|
(2) has not complied with the terms of a citation |
|
issued by a jurisdiction that is a party to the Nonresident Violator |
|
Compact of 1977 for a traffic violation to which that compact |
|
applies; |
|
(3) has failed to provide medical records or has |
|
failed to undergo medical or other examinations as required by a |
|
panel of the medical advisory board; |
|
(4) has failed to pass an examination required by the |
|
director under this chapter; |
|
(5) has been reported by a court under Section |
|
521.3452 for failure to appear unless the court files an additional |
|
report on final disposition of the case; |
|
(6) has been reported within the preceding two years |
|
by a justice or municipal court for failure to appear or for a |
|
default in payment of a fine for a misdemeanor punishable only by |
|
fine, other than a failure reported under Section 521.3452, |
|
committed by a person who is at least 14 years of age but younger |
|
than 18 [17] years of age when the offense was committed, unless the |
|
court files an additional report on final disposition of the case; |
|
or |
|
(7) has committed an offense in another state or |
|
Canadian province that, if committed in this state, would be |
|
grounds for revocation. |
|
SECTION 5.07. Section 109.001(5), Business & Commerce Code, |
|
and Sections 521.201 and 521.294, Transportation Code, as amended |
|
by this article, apply only to an offense committed on or after |
|
September 1, 2019. An offense committed before September 1, 2019, |
|
is governed by the law in effect on the date the offense was |
|
committed, and the former law is continued in effect for that |
|
purpose. For purposes of this section, an offense was committed |
|
before September 1, 2019, if any element of the offense occurred |
|
before that date. |
|
ARTICLE 6. ADVISORY COMMITTEE |
|
SECTION 6.01. ADVISORY COMMITTEE ON IMPLEMENTATION. (a) |
|
Not later than December 1, 2018, the Texas Juvenile Justice Board |
|
shall appoint an advisory committee to monitor and evaluate |
|
implementation of this Act. |
|
(b) In making appointments to the advisory committee, the |
|
board shall include members who are interested parties, including: |
|
(1) the executive director of the Texas Juvenile |
|
Justice Department or the executive director's designee; |
|
(2) the director of probation services of the Texas |
|
Juvenile Justice Department or the director's designee; |
|
(3) the executive commissioner of the Health and Human |
|
Services Commission or the executive commissioner's designee; |
|
(4) one representative of county commissioners courts |
|
appointed by the board; |
|
(5) two juvenile court judges appointed by the board; |
|
(6) seven chief juvenile probation officers appointed |
|
by the board as provided by Subsection (c) of this section; |
|
(7) juvenile prosecutors; |
|
(8) juvenile defense attorneys; |
|
(9) juvenile justice advocates; and |
|
(10) individuals who were adjudicated for juvenile |
|
offenses in this state or who were prosecuted as adults for offenses |
|
committed when they were 17 years old, or their family members. |
|
(c) The board shall appoint to the advisory council one |
|
chief juvenile probation officer from each regional chiefs |
|
association in this state from a list of nominees submitted to the |
|
board by each regional chiefs association. To the greatest extent |
|
practicable, a regional chiefs association shall include in the |
|
association's list of nominees: |
|
(1) one chief juvenile probation officer of a juvenile |
|
probation department serving a county with a population that |
|
includes fewer than 7,500 persons younger than 18 years of age; |
|
(2) one chief juvenile probation officer of a juvenile |
|
probation department serving a county with a population that |
|
includes at least 7,500 but fewer than 80,000 persons younger than |
|
18 years of age; and |
|
(3) one chief juvenile probation officer of a juvenile |
|
probation department serving a county with a population that |
|
includes 80,000 or more persons younger than 18 years of age. |
|
(d) The board shall designate one of the members as |
|
presiding officer of the advisory committee. |
|
(e) The advisory committee shall assist the Texas Juvenile |
|
Justice Department in evaluating and monitoring the implementation |
|
of this Act, which includes determining the needs and problems of |
|
county juvenile boards and probation departments, and offer |
|
recommendations to meet identified needs and problems. |
|
(f) Members of the advisory committee serve without |
|
compensation and are not entitled to reimbursement for expenses. |
|
(g) The advisory committee is not subject to Chapter 2110, |
|
Government Code. |
|
(h) The advisory committee is abolished and this article |
|
expires June 1, 2020. |
|
ARTICLE 7. TRANSITION AND EFFECTIVE DATES |
|
SECTION 7.01. To the extent of any conflict, this Act |
|
prevails over another Act of the 85th Legislature, Regular Session, |
|
2017, relating to nonsubstantive additions to and corrections in |
|
enacted codes. |
|
SECTION 7.02. (a) Except as provided by Subsection (b) of |
|
this section, this Act takes effect September 1, 2019. |
|
(b) Article 6 of this Act takes effect September 1, 2017. |